On the basis of the reflection on the theory of the independent defender and activating the defense ability of the defendant, it is necessary to put forward a theory of coordinating defense, which aims at reorganizing the relationship between the defense lawyer and the defendant. According to this theory, as the assistance in the exercise of the right of defense, the lawyer should not monopolize the exercise of the right of litigation. In the premise of activating the defense right of the defendant, the lawyer should carry out full consultation and discussion with the defendant, form a coordinated and consistent defense strategy, and establish their respective roles in the process of the criminal defense to maximize the resultant force of the criminal defense so as to pursue a better defense effect.If we accept this new theory, a series of institutional arrangements should all be included in the agenda of the reform of the defense system, such as the defendant’s right to read files, the lawyer’s obligation to inform and communicate, the layout of the seats of the defendant and the defense counsel in the court and the consequences of the invalid defense.
陈瑞华. 论协同性辩护理论[J]. 浙江工商大学学报, 2018, 32(3): 5-21.
CHEN Ruihua. On the Theory of Coordinating Defense. Journal of Zhejing Gongshang University, 2018, 32(3): 5-21.